SANTANU SENGUPTA Vs. MACROTECH DEVELOPERS LTD.

JUDGEMENT

(1.) This bunch of Petitions under Sec. 9 of the Arbitration and Conciliation Act, 1996 ("the Act") is a collective effort to seek interlocutory relief in the form of full access to all utilities and facilities available at the Lodha World Towers, Worli ("Lodha Worli"), developed by Macrotech Developers Ltd. ("Macrotech"), a Respondent in all these Petitions.

(2.) The Petitioners who are high networth individuals, have acquired apartments at Lodha Worli. They assert having fully paid all applicable dues in respect of 'Federation Common Area Maintenance Charges' (" FCAM Charges") towards their entitlement to use various amenities such as Gymnasium, Club House, Spa etc. (" Common Amenities"). Macrotech claims that the Petitioners are in default and to assert its rights, has cut off access of these Petitioners to certain Common Amenities.

(3.) Initially, these Petitions were mentioned before me as a matter of grave urgency on the premise that the Petitioners' access to their own homes had been cut off by Macrotech. It was then clarified on behalf of Macrotech that access to the residential units and car parking spaces was not cut off for any Petitioner. However, it became apparent that full and free access of the Petitioners to the Common Amenities had been cut off.